WESTCO GROUP, INC. v. K.B. & ASSOCIATES, INC.

No. 5:00-CV-2019.

128 F.Supp.2d 1082 (2001)

WESTCO GROUP, INC., Plaintiff, v. K.B. & ASSOCIATES, INC., Defendant.

United States District Court, N.D. Ohio, Eastern Division.

January 24, 2001.


Attorney(s) appearing for the Case

Paul M. Higgins, William M. Webner, Sughrue, Mion, Zinn, Macpeak & Seas PLLC, Washington, DC, Robert D. Wilson, Robert D. Wilson Co., LPA, Cleveland, OH, for Westco Group, Inc., dba Mattress Warehouse, Plaintiff.

Christopher B. Fagan, Fay, Sharpe, Beall, Fagan, Minnich & McKee, Cleveland, OH, for K.B. Associates, Inc., Defendant.


ORDER

GWIN, District Judge.

With this order, the Court rules on the parties' cross-motions for summary judgment [Docs. 38 & 39]. For the reasons set forth below, the Court grants Plaintiff Westco Group, Inc.'s motion for summary judgment, and denies Defendant K.B. & Associates' motion for summary judgment.

I.

This case involves a dispute between two mattress retailers. Plaintiff Westco, Inc. ("Westco"), operates more than fifty...

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